Employment Litigation Category Archives

Update on Baseball’s Antitrust Exemption

An update to our prior post "Baseball Tries An Old Saw: “Let’s not compete on wages….”:  On different grounds, there is a new challenge to Baseball’s antitrust exemption, brought by four of the minor league baseball clubs which lost their MLB affiliation in the recent shakeup of the minor leagues' organization.  See the complaint here.  Antitrust expertise has long ...

An update to our prior post "Baseball Tries An Old Saw: “Let’s not compete on wages….”:  On different grounds, there is a new challenge to Baseball’s antitrust exemption, brought by ...

Baseball Tries An Old Saw: “Let’s not compete on wages….”

Virtually all businesses, and not least the professional sports leagues, are looking to cut costs in the era of coronavirus.  Major League Baseball has decided to cut its 2020 draft of amateur players, usually either high school seniors or college juniors, from 40 rounds to 5.  See https://www.cbssports.com/mlb/news/mlb-agrees-to-reduce-2020-draft-to-five-rounds-with-unlimited-undrafted-signings-for-20k-reports-say/. Eliminating part or all of Baseball’s amateur draft is one thing, ...

Virtually all businesses, and not least the professional sports leagues, are looking to cut costs in the era of coronavirus.  Major League Baseball has decided to cut its 2020 draft ...

Digging into the Details of Washington’s New Non-Compete Law

This is the third post in a series examining Washington law on noncompete agreements. In the first, we provided an overview of the major changes to Washington law regarding noncompete agreements under new legislation that Governor Inslee signed into law on May 8, 2019. In the second, we discussed how Washington courts evaluate the reasonableness of a noncompete agreement ...

This is the third post in a series examining Washington law on noncompete agreements. In the first, we provided an overview of the major changes to Washington law regarding noncompete ...

Venue Lies Where You Lay It: Strict Construction of Forum Selection Clauses in the Ninth Circuit

In this era of tightening federal budgets and periodic government shutdowns, there can be no guarantee that any particular federal courthouse will be open for business—or even in existence—at the time an agreement spawns litigation. Under a recent Ninth Circuit decision, such a closure could be more than inconvenient: it could cut off a party’s bargained-for access to federal ...

In this era of tightening federal budgets and periodic government shutdowns, there can be no guarantee that any particular federal courthouse will be open for business—or even in existence—at the ...

What Makes a Non-compete Enforceable in Washington?

When a company hires senior employees, it may invest a great deal of time and money training them.  Employees also may receive access to confidential client lists, relationships with customers and vendors, or proprietary business information.  So what happens when employees move on, taking that training and knowledge with them?  Ex-employees sometimes are uniquely positioned to open up a ...

When a company hires senior employees, it may invest a great deal of time and money training them.  Employees also may receive access to confidential client lists, relationships with customers ...

Washington State Changes its Law on Non-Compete Agreements

Will banning certain non-compete agreements protect employees and foster competition?  Washington state legislators and Governor Inslee think so. Non-compete agreements raise policy issues regarding the balancing of legitimate business interests with a worker’s right to freely seek employment—a right that some argue is increasingly important in the growing gig economy.  Like many states, Washington courts have stricken that balance ...

Will banning certain non-compete agreements protect employees and foster competition?  Washington state legislators and Governor Inslee think so. Non-compete agreements raise policy issues regarding the balancing of legitimate business interests ...

Class Certification in Wage & Hour Class Actions

“Now this is not the end.  It is not even the beginning of the end.  But it is, perhaps, the end of the beginning.” —Winston Churchill, 1942 The inherited wisdom about wage-and-hour class actions is that they settle after certification.  The assumption is that certification in wage-and-hour class actions is the decisive battle in the war; if lost, the ...

“Now this is not the end.  It is not even the beginning of the end.  But it is, perhaps, the end of the beginning.” —Winston Churchill, 1942 The inherited wisdom ...

David Bruce Presents on Class Certification at the 21st Annual Labor & Employment Law Conference

Mr. David Bruce presented on the topic of Class Certification at the Seminar Group's 21st Annual Labor & Employment Law Conference on August 24th, 2018. In his presentation titled "Class Certification: The End or Just The Beginning", Mr. Bruce discussed how wage and hour class actions present issues of CR 23 commonality and predominance, highlighted in U.S. Supreme Court’s ...

Mr. David Bruce presented on the topic of Class Certification at the Seminar Group's 21st Annual Labor & Employment Law Conference on August 24th, 2018. In his presentation titled "Class ...

Steve Willey Called upon by Geekwire for Non-Compete Expertise

Geekwire sought out SBW partner Steve Willey's experience and expertise for its recent article on Amazon's decisions about when to seek to enforce the non-competition provisions in its employment agreements. In "It's Business, and it's Personal: How Amazon Web Services Decides to Enforce Non-Compete Contracts", (Geekwire, June 15 2017), Steve offered input about the practical, business considerations that are ...

Geekwire sought out SBW partner Steve Willey's experience and expertise for its recent article on Amazon's decisions about when to seek to enforce the non-competition provisions in its employment agreements. ...

When is a Farmer not Just a Farmer?

For Washington farmers, the distinction between managing a farm and managing a labor force just got fuzzier. While machines have greatly reduced the need for human labor, some farmers still need lots of workers to provide hands-on labor. On many farms, the need for help (as dictated by the crops themselves) is irregular, varying not only seasonally but even ...

For Washington farmers, the distinction between managing a farm and managing a labor force just got fuzzier. While machines have greatly reduced the need for human labor, some farmers still ...